Car accidents are incredibly common and may not always result in bodily injuries. If you have been a victim of a car accident where you weren’t injured, you may be wondering if you could still sue the at-fault driver.
The good news is that you still have the right to sue the other driver for damages even if you walk away uninjured. At Henderson Taylor Law Firm, our team of Oregon auto accident attorneys are very experienced in collision claims and can help you get the compensation you deserve.
Keep reading to find out what damages you may be entitled to and how you can build your case after a car accident without injuries.
Can I Sue For a Car Accident Without Injuries?
Can you sue someone for a car accident without injury? The answer to this is yes since you can still sue the at-fault driver even if you were not injured in the accident. You just won’t be able to file a standard personal injury claim like most people do.
Here are some examples of the different types of damages drivers can receive even if they are not injured.
Property Damage
Property damage after a vehicle collision can be substantial, depending on how severe the car accident was. Some people walk away uninjured, but their car is completely totaled, and they can no longer drive it.
Property damage can help you receive compensation to cover the expense of either repairing or replacing your vehicle. This can also be used to help repair or replace damaged property you had on your person or in the car with you.
Punitive Damages
After being in a car accident without injuries, you also have the option of pursuing punitive damages. These types of damages are often pursued in personal injury claims but may still apply in certain situations where you aren’t injured.
Punitive damages are geared more towards punishing the at-fault driver than rewarding the victim. However, you will still receive these damages, which can help you recover after getting into an accident. To get punitive damages, you have to prove that the other driver’s behavior was intentional, socially unacceptable, or particularly egregious.
Emotional Distress
A type of non-economic damages you could receive in Portland, OR, are damages for emotional distress. This is one of the best types of damages to pursue after a car accident with no injuries since this will most likely have a significant emotional impact on you.
Some people experience post-traumatic stress disorder, depression, or anxiety after getting into a car accident. In some instances, emotional distress can be just as impactful as bodily injuries and have a life-altering effect.
How to Support Your Car Accident Case
If you have decided that you want to sue the at-fault driver, you will need to approach this process carefully. Because it is not a personal injury claim, you will need to gather other kinds of evidence to prove you deserve compensation.
Calculate Your Losses
The first thing you need to do before deciding if you want to sue the other driver is to calculate your losses. For minor car accidents where your vehicle is relatively undamaged, it may not be worth suing the other driver.
You also want to take into consideration your emotional distress and whether this could qualify for compensation. For instance, some people need to attend therapy or counseling after a car accident to deal with the emotional repercussions.
Collect Evidence
Like any kind of car accident case, you need to make sure you collect enough evidence to prove that you deserve compensation. It is substantially more challenging to receive compensation without injuries since things like emotional distress do not have a dollar value, which makes them harder to calculate.
The type of evidence you should collect to support your case include:
- The police report
- Eye witness statements
- Property repair bills
- Photographs of the damage
- Traffic camera footage
If you wish to receive damages for emotional distress, you should also get a written statement from a psychologist or a counselor.
Hire an Attorney
Filing a lawsuit for a car accident without an injury lawyer is not a good option since there are many things they can help you with. An attorney for a car accident without injury can still help you when it comes to collecting evidence, negotiating with the involved parties, and proving that the other driver has liability.
In fact, because car accidents without injuries are more difficult to win, it is even more crucial that you have an attorney on your side. They can help you calculate your losses to better prove that you are entitled to compensation.
An attorney will also be helpful if you are going after punitive damages since they will need to investigate the actions of the other driver to a greater extent.
Average Settlement For Car Accident Without Injuries
If you decide to sue the other driver, there are specific settlement amounts you may be able to expect depending on the damages you could receive. In the state of Oregon, drivers are required to carry $20,000 per accident for property damage liability. Because of this, you could be awarded $20,000 to help cover your property damage after the accident.
You may also be able to receive a higher settlement amount if you are awarded emotional distress and punitive damages as well. To set yourself up to receive a higher settlement, you need to hire an auto accident attorney to help with negotiation and proving your losses.
Hire an Experienced Auto Accident Attorney at Henderson Taylor Law Firm
Being the victim of a car accident is a scary situation to be in, even if you do not sustain serious injuries. Even if you’re uninjured, you still have the option of pursuing damages to help you emotionally recover after the fact and repair or replace your vehicle.
At Henderson Taylor Law Firm, our attorneys are committed to defending the downtrodden and helping car accident victims navigate the legal process. For legal representation from an experienced and compassionate attorney, contact us today at 360-737-1478 or fill out our online form.
